BILL NUMBER: SB 2067	CHAPTERED  09/21/00

	CHAPTER   569
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   MAY 2, 2000
	AMENDED IN SENATE   APRIL 6, 2000

INTRODUCED BY   Senator Bowen

                        FEBRUARY 25, 2000

   An act to amend Sections 12168.7, 14756, 25105, 26205, 26205.1,
26205.5,  27322.2, 34090.5, and 60203 of the Government Code, to
amend Section 102235 of the Health and Safety Code, and to amend
Section 10851 of the Welfare and Institutions Code, relating to
records.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2067, Bowen.  Records.
   Under existing law, the reproduction of various state agency
records and county records is required to be done in compliance with
regulations adopted by the Secretary of State.
   This bill would require the Secretary of State, in consultation
with the Department of General Services, to approve and adopt
appropriate standards established by the American National Standards
Institute or the Association for Information and Image Management,
and would require that reproduction of those records be done in
compliance with the minimum standards or guidelines, or both,
recommended by the American National Standards Institute or the
Association for Information and Image Management.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12168.7 of the Government Code is amended to
read:
   12168.7.  (a) The California Legislature hereby recognizes the
need to adopt uniform statewide standards for the purpose of storing
and recording permanent and nonpermanent documents in electronic
media.
   (b) In order to ensure that uniform statewide standards remain
current and relevant, the Secretary of State, in consultation with
the Department of General Services, shall approve and adopt
appropriate standards established by the American National Standards
Institute or the Association for Information and Image Management.
   (c) The standards specified in subdivision (b) shall include a
requirement that a trusted system be utilized.  For this purpose and
for purposes of Sections 25105, 26205, 26205.1, 26205.5, 27322.2,
34090.5, and 60203, Section 102235 of the Health and Safety Code, and
Section 10851 of the Welfare and Institutions Code, "trusted system"
means a combination of techniques, policies, and procedures for
which there is no plausible scenario in which a document retrieved
from or reproduced by the system could differ substantially from the
document that is originally stored.
   (d) In order to develop statewide standards as expeditiously as
possible, and until the time that statewide standards are adopted
pursuant to subdivision (b), state officials shall ensure that
microfilming, electronic data imaging, and photographic reproduction
are done in compliance with the minimum standards or guidelines, or
both, as recommended by the American National Standards Institute or
the Association for Information and Image Management for recording of
permanent records or nonpermanent records.
  SEC. 2.  Section 14756 of the Government Code is amended to read:
   14756.  The public records of any state agency may be microfilmed,
electronically data imaged, or otherwise photographically reproduced
and certified upon the written authorization of the head of the
agency.  The microfilming, electronic data imaging, or photographic
reproduction shall be made in compliance with the minimum standards
or guidelines, or both, as recommended by the American National
Standards Institute or the Association for Information and Image
Management, and as adopted by the Department of General Services in
consultation with the Secretary of State, for recording of permanent
records or nonpermanent records.
   The certification of each reproduction or set of reproductions
shall be in accordance with the standards, or have the approval, of
the Attorney General.  The certification shall contain a statement of
the identity, description, and disposition or location of the
records reproduced, the date, reason, and authorization for the
reproduction, and other information that the Attorney General
requires.
   The certified reproductions shall be deemed to be original public
records for all purposes, including introduction in courts of law and
state agencies.
  SEC. 3.  Section 25105 of the Government Code is amended to read:
   25105.  The board of supervisors may authorize the use of
photographs, microphotographs, electronic data processing records,
optical disks, or any other medium that is a trusted system and that
does not permit additions, deletions, or changes to the original
document, or photocopies of all records, books, and minutes of the
board.
   (a) Each photograph, microphotograph, or photocopy shall be made
in a manner and on paper which will comply with Section 12168.7 for
recording of permanent records or nonpermanent records, whichever
applies.  Every reproduction shall be deemed and considered an
original; a transcript, exemplification, or certified copy of any
reproduction shall be deemed and considered a transcript,
exemplification, or certified copy, as the case may be, of the
original.  Each roll of microfilm shall be deemed and constitute a
book and shall be designated and numbered, and provision shall be
made for preserving, examining, and using it.  A duplicate of each
roll of microfilm shall be made and kept in a safe and separate
place.
   (b) Electronic data processing records, records recorded on
optical disk, and records recorded on any other medium shall comply
with Section 12168.7.  A duplicate copy of any record reproduced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records, whichever applies, shall be deemed an
original.
   (c) In the event the authorization provided herein is granted, the
personal signatures required by Section 25103, if technically
feasible, may be reproduced by the authorized process, and the
reproduced signatures shall be deemed to satisfy the requirement of
Section 25103.  If the documents are signed using a digital
signature, reproduced documents shall be considered authenticated if
the reproduced documents are created by a trusted system, as defined
in pertinent digital signature regulations.
  SEC. 4.  Section 26205 of the Government Code is amended to read:
   26205.  At the request of the county officer concerned, the board
of supervisors of any county may authorize the destruction of any
record, paper, or document that is not expressly required by law to
be filed and preserved if all of the following conditions are
complied with:
   (a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, or reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document and is produced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records.
   (b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one that accurately
reproduces the original thereof in all details and which does not
permit additions, deletions, or changes to the original document
images.
   (c) The photographs, microphotographs, electronically recorded
video images on magnetic surfaces, records in the electronic data
processing system, records recorded on optical disk, or other
reproductions on film or any other medium are placed in conveniently
accessible files and provision is made for preserving, examining, and
using the files.
   Notwithstanding any other provision of this section, destruction
of the original records, papers, or documents is not authorized when
the method of reproduction pursuant to this section is reproduction
of electronically recorded video images on magnetic surfaces unless a
duplicate videotape of the images is separately maintained.  A
duplicate copy of a record contained in the electronic data
processing system, on optical disk, or on any other medium that does
not permit additions, deletions, or changes to the original document
images shall also be separately maintained.
  SEC. 5.  Section 26205.1 of the Government Code is amended to read:

   26205.1.  (a) The county officer having custody of nonjudicial
public records, documents, instruments, books, and papers may cause
to be destroyed any or all of the records, documents, instruments,
books, and papers if all of the following conditions exist:
   (1) The board of supervisors of the county has adopted a
resolution authorizing the county officer to destroy records,
documents, instruments, books, and papers pursuant to this
subdivision.  The resolution may impose conditions, in addition to
those specified in this subdivision, that the board of supervisors
determines are appropriate.
   (2) The county officer who destroys any record, document,
instrument, book, or paper pursuant to the authority granted by this
subdivision and a resolution of the board of supervisors adopted
pursuant to paragraph (1) shall maintain for the use of the public a
photographic or microphotographic film, electronically recorded video
production, a record contained in the electronic data processing
system, a record recorded on optical disk, a record recorded by any
other medium that does not permit additions, deletions, or changes to
the original document, or other duplicate of the record, document,
instrument, book, or paper destroyed.
   (3) The record, paper or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk or reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document and is produced in
compliance with Section 12168.7 for recording of permanent records or
nonpermanent records.
   (b) Paragraphs (2) and (3) of subdivision (a) do not apply to
records prepared or received other than pursuant to a state statute
or county charter, or records that are not expressly required by law
to be filed and preserved.
   For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
   (c) The county clerk having custody of the original or a copy of
the articles of any corporation may cause the destruction of any or
all the documents.  "Articles" includes the articles of
incorporation, amendments thereto, amended articles, restated
articles, certificate of incorporation, certificates of determination
of preferences, dissolution certificates, merger certificates, and
agreements of consolidation or merger.
   (d) Notwithstanding any other provision of this section,
destruction of the original records, papers, or documents is not
authorized when the method of reproduction pursuant to this section
is reproduction of electronically recorded video images on magnetic
surfaces unless a duplicate videotape of the images is separately
maintained.  A duplicate copy of a record contained in the electronic
data processing system, on optical disk, or on any other medium that
does not permit additions, deletions, or changes to the original
document shall also be separately maintained.
  SEC. 6.  Section 26205.5 of the Government Code is amended to read:

   26205.5.  At the request of the county recorder, the board of
supervisors of any county may authorize the destruction of any or all
of the filed papers or record books created by handwriting, typing
on printed forms, by typewriting, or by photographic methods, in the
recorder's official custody, if all of the following conditions are
complied with:
   (a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document, or reproduced under
the direction and control of the county recorder on film, optical
disk, or any other medium in compliance with Section 12168.7 for
recording of permanent records or nonpermanent records.
   (b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one that accurately and
legibly reproduces the original thereof in all details and that does
not permit additions, deletions, or changes to the original document
images.
   (c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are made as accessible for
public reference as the original records were.
   (d) A true copy of archival quality of the film, optical disk, or
any other medium reproductions shall be kept in a safe and separate
place for security purposes.
   However, no page of any record, paper, or document shall be
destroyed if any page cannot be reproduced on film with full
legibility.  Every unreproducible page shall be permanently preserved
in a manner that will afford easy reference.
   For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
  SEC. 7.  Section 27322.2 of the Government Code is amended to read:

   27322.2.  A system of microphotography, optical disk, or
reproduction by any other technique that does not permit additions,
deletions, or changes to the original document may be used by the
recorder as a photographic reproduction process to record some or all
instruments, papers, and notices that are required or permitted by
law to be recorded or filed.  All reproductions shall be made in
compliance with Section 12168.7.  A true copy of the document shall
be kept in a safe and separate place that will reasonably assure its
preservation for the duration of the retention prescribed by law
against loss or destruction.  A true copy of the document shall be
arranged in a suitable place in the office of the recorder to
facilitate public inspection.
  SEC. 8.  Section 34090.5 of the Government Code is amended to read:

   34090.5.  Notwithstanding the provisions of Section 34090, the
city officer having custody of public records, documents,
instruments, books, and papers, may, without the approval of the
legislative body or the written consent of the city attorney, cause
to be destroyed any or all of the records, documents, instruments,
books, and papers, if all of the following conditions are complied
with:
   (a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document, or reproduced on
film, optical disk, or any other medium in compliance with Section
12168.7 for recording of permanent records or nonpermanent records.
   (b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one which accurately and
legibly reproduces the original thereof in all details and that does
not permit additions, deletions, or changes to the original document
images.
   (c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are made as accessible for
public reference as the original records were.
   (d) A true copy of archival quality of the film, optical disk, or
any other medium reproductions shall be kept in a safe and separate
place for security purposes.
   However, no page of any record, paper, or document shall be
destroyed if any page cannot be reproduced on film with full
legibility.  Every unreproducible page shall be permanently preserved
in a manner that will afford easy reference.
   For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
  SEC. 9.  Section 60203 of the Government Code is amended to read:
   60203.  The legislative body of a district may authorize the
destruction of any record, paper, or document that is not expressly
required by law to be filed and preserved if all of the following
conditions are complied with:
   (a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document in compliance with
Section 12168.7 for recording of permanent records or nonpermanent
records.
   (b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one that accurately
reproduces the original thereof in all details and that does not
permit additions, deletions, or changes to the original document
images.
   (c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are placed in conveniently
accessible files and provision is made for preserving, examining, and
using the files.
   For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
  SEC. 10.  Section 102235 of the Health and Safety Code is amended
to read:
   102235.  Notwithstanding any other provisions of law relating to
retention of public records, the State Registrar may cause the
original records of birth, death and marriage filed under this part
to be destroyed if all of the following requirements have been met:
   (a) One year has elapsed since the date of registration of the
records.
   (b) The birth, death, or marriage records have been reproduced
onto microfilm or optical disk or by any other technique that does
not permit additions, deletions, or changes to the original document
in compliance with Section 12168.7 for recording of permanent records
or nonpermanent records.
   (c) Adequate provisions are made that the permanent storage medium
reflects additions or corrections to the records.
   (d) A permanent copy is maintained in a manner that permits it to
be used for all purposes served by the original record.
   (e) A permanent copy has been stored at a separate physical
location in a place and manner that will reasonably assure its
preservation indefinitely against loss or destruction.
  SEC. 11.  Section 10851 of the Welfare and Institutions Code is
amended to read:
   10851.  (a) Each county shall establish and maintain a case record
for each public social services case and shall retain the record for
a period of three years.  The three-year retention period begins on
the date on which public social services were last provided.  The
records shall be retained beyond the three-year retention period when
the county is notified by the department or the State Department of
Health Services, whichever has jurisdiction over the records, to
retain records for a longer period of time.  The department or the
State Department of Health Services, whichever has jurisdiction over
the records, shall instruct a county to retain records beyond the
three-year period when the retention is necessary to a pending civil
or criminal action.
   (b) Notwithstanding subdivision (a), the board of supervisors of
any county may authorize the destruction of the case narrative
portions of the case record that are over three years old in any case
file, active or inactive, only after audit by the department or the
State Department of Health Services, whichever has jurisdiction over
the record.  In addition, the board may also authorize the
destruction of those documents contained in the case file that are
over three years old and are no longer necessary to document the
recipient's continued eligibility for public social services.
However, if a civil or criminal action against a person based on
alleged unlawful application for, or receipt of, public social
services, is commenced before the expiration of the three-year
period, no portion of the case record of the person shall be
destroyed until the action is terminated.
   (c) Each county shall maintain fiscal, statistical, and other
records necessary for maintaining accountability and meeting
reporting requirements relating to the administration of public
social services.  These fiscal and reporting records shall be
retained for a minimum period of three years from the date of
submission of the final expenditure report and shall be retained
beyond the three-year period when audit findings have not been
resolved.
   (d) The retention requirements imposed by subdivisions (a) and (c)
of this section are for public social services purposes only and are
superseded to the extent another statute requires retention of the
same records for a longer period for a different purpose.
   (e) Notwithstanding subdivision (a), or any other statutory
requirement concerning the retention of public social services
records, a child protective services agency may, but need not, retain
a child abuse report that has been determined to be an unfounded
report, as defined in Section 11165.12 of the Penal Code.
   (f) Notwithstanding any other provision of law, a county may
retain a case record established pursuant to subdivision (a), and
retained pursuant to subdivisions (a) and (c), using either
electronic or other alternative storage technologies.  Permissible
alternative storage technologies shall include, but not be limited
to, photography, microphotography, electronically recorded video
images on magnetic surfaces, electronic data processing systems,
optical disk storage, or any other electronic medium that is a
trusted system and that does not permit additions, deletions, or
changes to the original document and meets Section 12168.7 for
recording of permanent records or  nonpermanent records.  A duplicate
copy of any record reproduced shall be deemed an original.
